Bill > H2215

This bill establishes a comprehensive framework for crime victim restitution, ensuring that victims are compensated for their financial losses resulting from an offender's criminal conduct. It defines key terms such as "financial losses" (actual monetary or property losses not covered by insurance or public programs, excluding punitive damages and pain and suffering), "offender" (a person who caused these losses), and "victim" (a person who directly suffered these losses). The bill mandates that courts order restitution in all cases where a victim seeks compensation for financial losses, which can include medical costs, lost wages, property damage, funeral expenses, and other out-of-pocket expenses. The court will determine the amount of financial losses independently of the offender's ability to pay, and this determination will automatically create a civil judgment against the offender. The bill also outlines a process for evaluating the offender's ability to pay, establishing a "restitution payment plan" that considers various factors like income, assets, and financial needs. To facilitate this, victims must submit a "financial impact report" detailing their losses, supported by documentation. The bill details enforcement mechanisms, including wage assignments, liens on property, and the potential use of cash bail to satisfy restitution orders, and clarifies that restitution is a condition of probation, parole, and work release. It also addresses situations with multiple victims or offenders, prioritizing victim compensation and establishing procedures for modifying restitution plans and handling deceased victims' restitution. Finally, it ensures victims are informed of their rights and provides for training for criminal justice personnel on victim restitution.